BILL NUMBER: AB 181	CHAPTERED  10/10/99

	CHAPTER   851
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN SENATE   JUNE 7, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Zettel
   (Coauthor:  Senator Alpert)

                        JANUARY 19, 1999

   An act to add and repeal Section 1596.7927 of the Health and
Safety Code, and to add Section 11170.6 to the Penal Code, relating
to care facilities, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 181, Zettel.  Child day care:  public recreation program.
   Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of child day care
facilities.  Existing law exempts from the act certain public
recreation programs, including a program operated only during hours
other than normal school hours for grades K-12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in grades K-12, inclusive, are normally
not in session in the public school district where the program is
located, for under 16 hours per week.
   This bill would establish, upon the approval of the City Council
of San Diego, a 2-year pilot project known as the "6 to 6" program in
San Diego County.  The pilot project would consist of an extended
schoolday program, meeting specified conditions, operated by a
community-based organization, child care agency, or other entity
pursuant to a contract with a public school district or the City of
San Diego.  The bill would repeal these provisions as of January 1,
2002.
   Existing law requires the Department of Justice to maintain an
index of child abuse reports submitted by child protective agencies
of every case investigated by the agencies of known or suspected
child abuse that is determined not to be unfounded.
   Existing law requires the Department of Justice to make available
to the State Department of Social Services, or the county licensing
agencies that have contracted with the state for the performance of
specified duties related to community care facilities and day care
facilities, information maintained in the Child Abuse Central Index
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure,
who is an applicant for employment in a position having supervisory
or disciplinary power over a child or children, or who will provide
24-hour care for a child or children in a residential home or
facility, as specified.
   This bill would authorize the City of San Diego for purposes of
evaluating employees for the "6-to-6" program to receive, and would
require the Department of Justice to make available to the city,
child abuse index information concerning any person who has submitted
an application for employment in the "6-to-6" program.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1596.7927 is added to the Health and Safety
Code, to read:
   1596.7927.  (a) (1) There is hereby established a two-year pilot
project in San Diego County, upon the adoption of a resolution to
that effect by the City Council of San Diego.  The program
established for purposes of the pilot project authorized by this
section shall be known as the "6 to 6" program.
   (2) The mission of the "6 to 6" program shall encompass, but not
be limited to, the following extended schoolday activities.
   (A) Homework assistance.
   (B) Academic enrichment.
   (C) Reading.
   (D) Tutoring.
   (E) Creative and performing arts.
   (F) Sports and recreational activities.
   (b) The "6 to 6" program shall consist of an extended schoolday
program that is operated by a community-based organization, child
care agency, or other entity that has demonstrated the ability to
provide services to schoolage children pursuant to a contract with a
public school district or city.  The "6 to 6" program shall meet all
of the following conditions:
   (1) The program shall be operated on a schoolsite that is in
current use by the public school or school district that has
collaborated with the City of San Diego for the purpose of providing
an extended schoolday program.  The program shall serve the children
who regularly attend school within the district or districts,
exclusively.  The hours of operation shall begin before school no
earlier than 6:00 a.m. and operate after school to 6:00 p.m., except
for evening parent meetings that may be scheduled later than 6:00
p.m.
   (2) The city shall ensure all of the following:
   (A) That employees of the operator of the "6 to 6" program have
had a criminal background check performed by the Department of
Justice.  In this regard, the city shall ensure that the name of and
identifying data about each prospective employee has been submitted
to the Department of Justice to determine if the individual is listed
in the department's child abuse index maintained pursuant to Section
11170 of the Penal Code.  The city may deny participation of an
individual in the "6-to-6" program if a purported incident of child
abuse is determined, after independent investigation, to be
substantiated as provided in Section 1522.1.  The results of the
criminal background check and child abuse index review shall be
maintained by the city for purposes of notification of future
convictions or suspected child abuse incidents.
   (B) That each operator of the "6 to 6" program is familiar with
and follows health-related services procedures as specified in
Section 101226 of Title 22 of the California Code of Regulations.
   (C) That each operator of the "6 to 6" program maintains emergency
information on each child that includes, but is not limited to, the
telephone number of the child's parents or guardians, the telephone
number of the child's physician or the name and telephone number of
the child's health plan or contact person, and an alternative name
and number.
   (3) Any individuals employed as site supervisors shall meet the
center director qualifications specified in Section 101515 of Title
22 of the California Code of Regulations.
   (4) All individuals employed by the "6 to 6" program shall be over
the age of 18 years and shall meet, at a minimum, the minimum
qualifications for an instructional aide established for purposes of
Section 8483.4 of the Education Code, or the equivalent
qualifications.
   (5) All staff shall have training in cardiopulmonary resuscitation
and first aid.
   (6) All staff shall have a negative tuberculosis test or chest
X-ray within the last three years.
   (7) All staff shall be familiar with and adhere to the emergency
procedures established by the school where the program is located.
   (8) The contract with the city or school district shall include,
but not be limited to, all of the following:
   (A) A requirement that site directors meet the requirements for
site directors of schoolage day care centers set forth in Section
1597.21.
   (B) A requirement that the contractor require a child-to-staff
ratio that is the pupil-to-staff ratio set forth in Section 8483.4 of
the Education Code.  The contract shall contain a provision that
requires the contractor to maintain the minimum staffing ratio
pursuant to this paragraph and shall contain protocols for
maintaining required staffing ratios in the event of illness,
accidents, and other emergencies and staffing breaks and other
situations of absences.
   (C) A requirement that the contractor comply with sign-in and
sign-out regulations otherwise applicable by regulation to extended
schoolday programs pursuant to Section 101529.1 of Title 22 of the
California Code of Regulations.
   (D) A complaint process established by the city with protocols
that shall include a requirement that the contractor comply with all
of the following:
   (i) Post, in a visible location at all sites, the names and
telephone numbers of the site director and city program contact to
each participant's parents or guardian.
   (ii) Provide to each participant's parents or guardian the names
and telephone numbers specified in clause (i).
   (E) A provision guaranteeing the city's timely investigation of
accidents and complaints and providing for the immediate
administrative leave of contracted employees pending the outcome of
the investigation in cases relating to allegations involving a
substantial threat to the health and safety of the children under the
contractor's care.  All parents shall be notified of the complaint
process at the time of registration.
   (9) All classrooms or portable classrooms utilized by the "6 to 6"
program providing extended day care shall meet all standards
applicable for use during the regular schoolday.
   (c) The "6 to 6" program shall be planned through a neighborhood
community collaborative partnership process that includes the city,
school district, school administrators, government agencies,
community organizations, parents, youth, and the private sector.
   (d) In addition to the exemptions set forth in Section 1596.792,
this chapter shall not apply to the "6 to 6" program if the
contracting city ensures the program is operated in compliance with
the requirements of this section.
   (e) (1) The city shall secure the services of an independent
entity to evaluate the "6 to 6" program.  The Community Care
Licensing Division of the department and the city shall agree upon
the independent evaluator.  The city shall bear the cost of the
evaluation.
   (2) The evaluation shall be conducted upon the completion of the
pilot project and shall evaluate the health and safety of the
participants in the "6 to 6" program, with a particular focus on
children ages five to eight years, inclusive.
   (3) The evaluation shall include, but not be limited to, the
health and safety of the children, information on staff to pupil
ratio, site and program monitoring, and extent and progress of
participation, tutoring, literacy, and homework assistance.
   (4) The independent evaluator designated pursuant to paragraph (1)
shall have experience in program evaluation, with a preference for
expertise in children's programs.  The independent evaluator shall
not have any conflicts of interest with the independent evaluator's
duties pursuant to this section.
   (5) The results of the evaluation shall be forwarded to the
Legislature.
   (6) The city shall maintain any records necessary in order for the
evaluation to be completed.  The city shall compare the results of
the evaluation to local community care licensing data.
   (f) No charges or costs associated with the provision of care
shall be imposed upon participants in the "6 to 6" program.
  (g) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.

  SEC. 2.  Section 11170.6 is added to the Penal Code, to read:
   11170.6.  (a) Notwithstanding paragraph (3) of subdivision (b) of
Section 11170, the Department of Justice shall make available to the
City of San Diego for purposes of evaluating employees for the
"6-to-6" program information regarding a known or suspected child
abuser maintained in the child abuse index pursuant to subdivision
(a) of Section 11170 concerning any person who has submitted an
application for employment in the "6-to-6" program.
   (b) The City of San Diego, to whom disclosure of any information
pursuant to subdivision (a) is authorized, is responsible for
obtaining the original investigative report from the reporting agency
and for drawing independent conclusions regarding the quality of the
evidence disclosed and the sufficiency of the evidence for making
decisions when evaluating employees for the "6-to-6" program.
   (c) The disclosure pursuant to this section of the presence of an
applicant's name on the index is provided solely for purposes of
investigating the individual's background by identifying the original
investigative report from the reporting agency.  The presence of an
individual's name on the index may not itself be used as evidence
adverse to an applicant for employment in the "6-to-6" program.  An
investigation shall include, but not be limited to, the review of the
investigation report and file prepared by the child protective
agency that investigated the child abuse report.  Employment may not
be denied based on a report from the Child Abuse Central Index,
unless the child abuse is substantiated.
   (d) (1) Whenever information contained in the Department of
Justice files is furnished as the result of a request for information
pursuant to subdivision (a), the Department of Justice may charge
the requestor a fee.  The fee may not exceed the reasonable costs to
the department of providing the information.  The only increase shall
be at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department.  The fee may not exceed fifteen
dollars ($15).
   (2) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund.  Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditures by the department
to offset costs incurred for processing child abuse central index
requests.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to allow for the September 1999 establishment of the
extended schoolday program, and to efficiently promote the public
safety of children in day care and public recreation programs within
San Diego County, it is necessary that this act take effect
immediately.
